The Software Acquisition Agreement serves as a crucial legal framework for organizations in Malaysia seeking to purchase or license software solutions for their business operations. This document is essential when acquiring commercial off-the-shelf software, custom-developed solutions, or enterprise-wide systems. It addresses key aspects such as license scope, implementation timelines, acceptance criteria, warranty terms, and support obligations, while ensuring compliance with Malaysian legal requirements including the Contracts Act 1950, Electronic Commerce Act 2006, and Personal Data Protection Act 2010. The agreement is particularly important in today's digital economy where software acquisitions represent significant investments and require clear documentation of rights, obligations, and protections for all parties involved.
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1. Parties: Identification of the vendor/licensor and purchaser/licensee with full legal names and registration details
2. Background: Context of the agreement, including brief description of the software and purpose of acquisition
3. Definitions: Detailed definitions of technical terms, software components, and other key terms used throughout the agreement
4. Scope of License/Purchase: Details of what is being acquired, including specific modules, number of users, and deployment scope
5. Delivery and Implementation: Timelines and procedures for software delivery, installation, and implementation
6. Payment Terms: Price, payment schedule, and payment methods
7. Acceptance Testing: Procedures for testing and accepting the software, including acceptance criteria
8. Warranties and Representations: Vendor warranties regarding software functionality, performance, and compliance with specifications
9. Intellectual Property Rights: Ownership of IP, licensing terms, and restrictions on use
10. Confidentiality: Protection of confidential information exchanged during the transaction
11. Support and Maintenance: Terms for ongoing technical support and software maintenance
12. Term and Termination: Duration of the agreement and circumstances for termination
13. Limitation of Liability: Caps on liability and exclusions of certain types of damages
14. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Software Customization: Include when the software requires customization to meet specific requirements
2. Data Protection and Privacy: Required if the software processes personal data or when compliance with PDPA is necessary
3. Cloud Services: Include for cloud-based software solutions, covering hosting, data storage, and service levels
4. Integration Services: When the software needs to be integrated with existing systems
5. Training: Include when vendor will provide training services
6. Disaster Recovery: Important for business-critical software applications
7. Source Code Escrow: Include when source code access might be necessary for business continuity
8. Export Controls: Required for international software vendors or cross-border usage
9. Change Control: Include for projects requiring significant customization or phased implementation
1. Software Specification: Detailed technical specifications of the software
2. Price Schedule: Detailed breakdown of costs including licenses, implementation, and maintenance
3. Implementation Plan: Detailed timeline and milestones for software implementation
4. Service Level Agreement: Performance metrics, response times, and service quality standards
5. Acceptance Test Criteria: Detailed testing procedures and acceptance criteria
6. Support and Maintenance Services: Detailed description of support levels and maintenance services
7. Licensed Users: List of authorized users or user categories and access levels
8. Technical Requirements: Hardware and system requirements for software operation
9. Data Processing Agreement: Details of data processing activities and compliance requirements
Relevant legal definitions
Acceptance Criteria
Acceptance Testing
Agreement
Business Day
Confidential Information
Contract Price
Defect
Delivery Date
Documentation
Effective Date
Force Majeure
Implementation Plan
Implementation Services
Intellectual Property Rights
License Fee
Licensed Software
Maintenance Services
Personal Data
Project Manager
Service Levels
Software
Software Specifications
Source Code
Support Services
System Requirements
Technical Requirements
Term
Territory
Third Party Software
Updates
User
Warranty Period
Work Product
Acceptance Testing
Agreement
Business Day
Confidential Information
Contract Price
Defect
Delivery Date
Documentation
Effective Date
Force Majeure
Implementation Plan
Implementation Services
Intellectual Property Rights
License Fee
Licensed Software
Maintenance Services
Personal Data
Project Manager
Service Levels
Software
Software Specifications
Source Code
Support Services
System Requirements
Technical Requirements
Term
Territory
Third Party Software
Updates
User
Warranty Period
Work Product
Clauses
Interpretation
Grant of License
Delivery
Implementation
Acceptance Testing
Payment
Warranties
Intellectual Property
Maintenance and Support
Service Levels
Confidentiality
Data Protection
Force Majeure
Termination
Limitation of Liability
Indemnification
Assignment
Dispute Resolution
Governing Law
Audit Rights
Insurance
Notices
Anti-Corruption
Change Control
Entire Agreement
Training
Documentation
Security
Escrow
Sub-licensing
Export Control
Grant of License
Delivery
Implementation
Acceptance Testing
Payment
Warranties
Intellectual Property
Maintenance and Support
Service Levels
Confidentiality
Data Protection
Force Majeure
Termination
Limitation of Liability
Indemnification
Assignment
Dispute Resolution
Governing Law
Audit Rights
Insurance
Notices
Anti-Corruption
Change Control
Entire Agreement
Training
Documentation
Security
Escrow
Sub-licensing
Export Control
Relevant Industries
Information Technology
Banking and Finance
Healthcare
Manufacturing
Retail
Education
Government and Public Sector
Telecommunications
E-commerce
Professional Services
Insurance
Logistics and Transportation
Real Estate
Energy and Utilities
Relevant Teams
Legal
Information Technology
Procurement
Finance
Risk and Compliance
Information Security
Operations
Project Management
Technical Architecture
Digital Transformation
Vendor Management
Relevant Roles
Chief Information Officer
Chief Technology Officer
IT Director
Procurement Manager
Legal Counsel
Contract Manager
IT Project Manager
Software Development Manager
Information Security Manager
Risk Manager
Compliance Officer
Technical Architect
Enterprise Architect
Finance Director
Operations Manager
Digital Transformation Manager
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